A process server just handed you divorce papers. Whatever you are feeling right now, one fact controls what happens next: you have 20 days to respond, and what you file — or fail to file — in that window shapes the entire case. Here is exactly what to do after being served with a dissolution of marriage petition in Florida, from The Law Office of John Vernon Moore, P.A. in Melbourne.
The 20-Day Deadline Is Real
From the day you are served, Florida gives you 20 calendar days to file a written response with the court. Miss it, and your spouse can move for a default — meaning the case can proceed without your participation, and the court may grant what the petition requests without hearing your side. Defaults can sometimes be undone, but vacating one is uphill work that costs far more than answering on time would have. If you were served more than a week ago, treat this as urgent.
Read the Petition Like a Lawyer Does
The petition tells you what your spouse is asking for: how they want property divided, whether they seek alimony, what parenting arrangement they propose, whether they want exclusive use of the home, and whether they are asking you to pay their attorney’s fees. Requests you don’t contest can become the framework of the case. Note also any standing administrative order served with the papers — in Brevard County, both spouses are immediately restrained from concealing assets, canceling insurance, and unusual spending. Those rules bind you now, before you ever see a judge.
Your Answer — and Your Counter-Petition
The answer responds to the petition paragraph by paragraph: admit, deny, or state you’re without knowledge. Just as important is the counter-petition — your own affirmative requests. If you want the home, alimony, a specific parenting plan, or fees, plead it. A counter-petition also protects you procedurally: if your spouse later tries to dismiss their case, your claims keep the court’s attention. Deciding what to plead is strategy, not paperwork — the answer you’d write in anger on day 2 is rarely the one your lawyer would file on day 18.
The Financial Homework Starts Immediately
Within 45 days of service, both spouses must exchange mandatory disclosure under Rule 12.285 — financial affidavit, tax returns, pay stubs, and account statements. Start gathering now: three years of tax returns, several months of statements for every bank, retirement, and credit account, your latest LES if you’re a service member, and documentation of anything you owned before the marriage. Early organization is leverage — it makes temporary hearings winnable and settlement numbers credible.
What Not to Do
The unforced errors we see most: moving out impulsively without advice (it can affect temporary use of the home and de facto time-sharing), draining or hiding accounts (the standing order forbids it and judges remember it), venting on social media or in texts (assume every word becomes an exhibit), involving the children, and ignoring the case hoping it stalls. A divorce you ignore does not pause — it proceeds without you.
Served While Deployed or Stationed Away?
Active-duty service members have added protections under the Servicemembers Civil Relief Act, including the ability to seek a stay of proceedings when duty materially prevents participation. These protections are powerful but not automatic — they must be properly invoked. Our military divorce practice handles SCRA issues regularly for Patrick SFB families.
Frequently Asked Questions
What if I was served and did nothing — is it too late?
Act immediately. Before a default is entered, you can usually still file. After default, courts can set them aside for excusable neglect if you move quickly with a meritorious defense — but speed is everything.
Do I have to be served in person?
Personal service is standard, but you can sign an Answer and Waiver of Service accepting the papers — common in cooperative cases. Never dodge a process server; it only adds cost and ill will to a case that will proceed anyway.
Does answering mean I’m fighting the divorce?
No. Answering preserves your rights. Even in a fully amicable uncontested divorce, the respondent files a short answer — it keeps you a participant instead of a bystander.
Can I be forced out of my house because my spouse filed first?
Filing first confers no such power. Temporary exclusive use of the home is decided by the court on motion, based on circumstances — not on who reached the courthouse first.
Twenty Days Goes Fast — Use Them Well
Bring us the papers and we’ll map your response, your counterclaims, and your first 60 days. Our team’s 89+ years of combined experience means nothing in your petition will surprise us. Call (321) 529-7777 or contact us online for a free 30-minute consultation.